{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-3-140","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-3-140","heading":"Student eligibility — Districts — Preferences —","body":"Transfers — Discrimination.\n\nA. A charter school with a brick-and-mortar school site or\n\nsites shall enroll those students whose legal residence is within\n\nthe boundaries of the school district in which the charter school is\n\nlocated and who submit a timely application, or those students who\n\ntransfer to the charter school in accordance with the Education Open\n\nTransfer Act, unless the number of applications exceeds the capacity\n\nof a program, class, grade level, or building. Students who reside\n\nin a school district where a charter school is located shall not be\n\nrequired to obtain a transfer in order to attend a charter school in\n\nthe school district of residence. If capacity is insufficient to\n\nenroll all eligible students, the charter school shall select\n\nstudents through a lottery selection process. A charter school\n\nshall give enrollment preference to eligible students who reside\n\nwithin the boundaries of the school district in which the charter\n\nschool is located and who attend a school site that has been\n\nidentified as in need of improvement by the State Board of Education\n\npursuant to the Elementary and Secondary Education Act of 1965, as\n\namended or reauthorized. A charter school may limit admission to\n\nstudents within a given age group or grade level. A charter school\n\nsponsored by the Statewide Charter School Board when the applicant\n\nof the charter school is the Office of Juvenile Affairs shall limit\n\nadmission to youth that are in the custody or supervision of the\n\nOffice of Juvenile Affairs.\n\nB. A brick-and-mortar charter school shall admit students who\n\nreside in the attendance area of a school or in a school district\n\nthat is under a court order of desegregation or that is a party to\n\nan agreement with the United States Department of Education Office\n\nfor Civil Rights directed towards mediating alleged or proven racial\n\ndiscrimination unless notice is received from the resident school\n\ndistrict that admission of the student would violate the court order\n\nor agreement.\n\nC. A brick-and-mortar charter school may designate a specific\n\ngeographic area within the school district in which the charter\n\nschool is located as an academic enterprise zone and may limit\n\nadmissions to students who reside within that area. An academic\n\nenterprise zone shall be a geographic area in which sixty percent\n\n(60%) or more of the children who reside in the area qualify for the\n\nfree or reduced school lunch program.\n\nD. Except as provided in subsections B and C of this section, a\n\ncharter school or virtual charter school shall not limit admission\n\nbased on ethnicity, national origin, gender, income level, disabling\n\ncondition, proficiency in the English language, measures of\n\nachievement, aptitude, or athletic ability.\n\nE. A sponsor of a charter school shall not restrict the number\n\nof students a charter school may enroll, and the Statewide Charter\n\nSchool Board shall not restrict the number of students a virtual\n\ncharter school or charter school may enroll. The capacity of a\n\ncharter school or virtual charter school shall be determined\n\nquarterly by the governing board of the charter school or virtual\n\ncharter school pursuant to the provisions of the Education Open\n\nTransfer Act.\n\nF. Beginning July 1, 2024, each statewide virtual charter\n\nschool which has been approved and sponsored by the Statewide\n\nCharter School Board or any virtual charter school for which the\n\nBoard has assumed sponsorship as provided for in Section 1 of this\n\nact shall be considered a statewide virtual charter school and the\n\ngeographic boundaries of each statewide virtual charter school shall\n\nbe the borders of the state.\n\nH. Beginning July 1, 2024, students enrolled full-time in a\n\nstatewide virtual charter school sponsored by the Statewide Charter\n\nSchool Board shall not be authorized to participate in any\nrship as provided for in Section 1 of this\n\nact shall be considered a statewide virtual charter school and the\n\ngeographic boundaries of each statewide virtual charter school shall\n\nbe the borders of the state.\n\nH. Beginning July 1, 2024, students enrolled full-time in a\n\nstatewide virtual charter school sponsored by the Statewide Charter\n\nSchool Board shall not be authorized to participate in any\n\nactivities administered by the Oklahoma Secondary School Activities\n\nAssociation. However, the students may participate in intramural\n\nactivities sponsored by a statewide virtual charter school, an\n\nonline provider for the charter school, or any other outside\n\norganization.\n\nI. 1. Beginning July 1, 2024, a public school student who\n\nwishes to enroll in a virtual charter school shall be considered a\n\ntransfer student from his or her resident school district. A\n\nvirtual charter school shall pre-enroll any public school student\n\nwhose parent or legal guardian expresses intent to enroll in the\n\nvirtual charter school. Upon pre-enrollment, the State Department\n\nof Education shall initiate a transfer on a form to be completed by\n\nthe receiving virtual charter school. Upon approval of the\n\nreceiving virtual charter school, the student may begin\n\ninstructional activities. Upon notice that a public school student\n\nhas transferred to a virtual charter school, the resident school\n\ndistrict shall transmit the student’s records within three (3)\n\nschool days.\n\n2. The State Department of Education shall notify the\n\nLegislature and Governor if it determines that the information\n\ntechnology infrastructure necessary to process the transfer of\n\nstudents to a virtual charter school is inadequate and additional\n\ntime is needed for implementation.\n\n3. A public school student may transfer to one statewide\n\nvirtual charter school at any time during a school year. For\n\npurposes of this subsection, “school year” shall mean July 1 through\n\nthe following June 30. After one statewide virtual charter school\n\ntransfer during a school year, no public school student shall be\n\npermitted to transfer to any other statewide virtual charter school\n\nwithout the concurrence of both the resident school district and the\n\nreceiving virtual charter school. A student shall have a grace\n\nperiod of fifteen (15) school days from the first day of enrollment\n\nin a statewide virtual charter school to withdraw without academic\n\npenalty and shall continue to have the option of one virtual charter\n\nschool transfer without the concurrence of both the resident school\n\ndistrict and the receiving virtual charter school during that same\n\nschool year. A statewide virtual charter school student that has\n\nutilized the allowable one transfer pursuant to this subsection\n\nshall not be permitted to transfer to another school district or\n\nanother statewide virtual charter school without first notifying his\n\nor her resident district and initiating a new transfer. Upon\n\ncancellation of a transfer, the virtual charter school shall\n\ntransmit the student’s records to the student’s new school district\n\nwithin three (3) school days. Students enrolled in a statewide\n\nvirtual charter school shall not be required to submit a virtual\n\ncharter transfer for consecutive years of enrollment. Any student\n\nenrolled in a statewide virtual charter school the year prior to the\n\nimplementation of this section shall not be required to submit a\n\ntransfer in order to remain enrolled.\n\nJ. 1. Beginning July 1, 2024, a student shall be eligible to\n\nenroll in a statewide virtual charter school sponsored by the\n\nStatewide Charter School Board pursuant to Section 1 of this act if\n\nhe or she is a student whose parent or legal guardian is transferred\n\nor is pending transfer to a military installation within this state\n\nwhile on active military duty pursuant to an official military\n\norder.\n\n2. A statewide virtual charter school shall accept applications\nin a statewide virtual charter school sponsored by the\n\nStatewide Charter School Board pursuant to Section 1 of this act if\n\nhe or she is a student whose parent or legal guardian is transferred\n\nor is pending transfer to a military installation within this state\n\nwhile on active military duty pursuant to an official military\n\norder.\n\n2. A statewide virtual charter school shall accept applications\n\nby electronic means for enrollment and course registration for\n\nstudents described in paragraph 1 of this subsection.\n\n3. The parent or legal guardian of a student described in\n\nparagraph 1 of this subsection shall provide proof of residence in\n\nthis state within ten (10) days after the published arrival date\n\nprovided on official documentation. A parent or legal guardian may\n\nuse the following addresses as proof of residence:\n\na. a temporary on-base billeting facility,\n\nb. a purchased or leased home or apartment, or\n\nc. federal government or public-private venture off-base\n\nmilitary housing.\n\n4. The provisions of paragraph 3 of subsection I shall apply to\n\nstudents described in paragraph 1 of this subsection.\n\n5. For purposes of this subsection:\n\na. “active military duty” means full-time military duty\n\nstatus in the active uniformed service of the United\n\nStates including members of the National Guard and\n\nMilitary Reserve on active duty orders, and\n\nb. “military installation” means a base, camp, post,\n\nstation, yard, center, homeport facility for any ship,\n\nor other installation under the jurisdiction of the\n\nDepartment of Defense or the United States Coast\n\nGuard.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2d148ccd609d8bc9a6c7ddaeaef6c9e4f44cddb81b975dd14bc29400f04e4818","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-3-139","next":"us-ok/okla.-stat.-tit.-70-70-3-141"},"notice":"GroundRules: Original legal text. Not legal advice."}